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(영문) 전주지방법원 2016.12.06 2016고단1459

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 15, 2016, at around 18:50, the Defendant, while under the influence of alcohol of 0.141%, was unable to drive normally, was driving CY 3 Do Do Do Do Do Do Do Do Do dong, Kim Jong-si, and was on the road in the west-2 Do Do Do Do dong, Kim Jong-dong. The Defendant was negligent in driving on the right side from the right side to the right side of the Do Do Do dong Do Do Do Do Do Do Do Do Do Do Do Do dong, and caused the Defendant’s Do Do Do dong Do Do Do e-do Do Do Do Do Do Do e-do Do Do e-do Do e-do Do e-do Do e-do.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report;

1. The circumstantial statement of a drinking driver, the notification of the results of the regulation of drinking driving, the ledger of use of a drinking-free measuring instrument, and the circumstantial report (whether or not a drinking-free

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of accident scene (Evidence No. 1);

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] Article 62-2 of the Criminal Act: Where there occurs a minor injury in the area of mitigation (one to eight months) of general traffic accidents (the person under special mitigation) [the person under special mitigation] in the case of drunk driving, etc. (the person under special mitigation], the scope of sentence comparison between the sentences not subject to punishment and the recommended sentences: six months to eight months [Pronouncement] - The circumstances unfavorable to the defendant are serious (the person under special supervision and the main sentence against the center line) (the person under center), and the degree of the drinking alcohol level (0.141% of blood alcohol concentration).